SHADI RAM Vs. ISHWAR CHANDRA ETC.

JUDGEMENT

(1.) The facts as put forth by Ishwar Chandra are : On 25-3-1988 he moves an application under Rule 115-P ZA and LR Rules for cancellation of an allotment of Housing site in favour of Shadi Ram. The case is that resolution of LMC dated 14-2-1987 is irregular ; the land was not vacant at the relevant time. As respects the land a civil suit was going apace under the Caption Ishwar Chandra's Vs. Raj Kumar in the court of Munsif . The Tahsildar's report dated 7-4-1987 in response to Sub-Divisional Officer's order dated 28-3-1987 bears this out. By their maintenance of the stains quo was passed. In the fitness of things, no resolution for allotment should have been passed. Opposite-party Shadi Ram has secured Sub-Divisional Officer's approval as late as on 5-2-1988. The claim is that in khasra No. 296 thatched houses are of his ancestors. The housing site has vested in applicant under Sec. 9, ZA and LR Act The land is not Gaon Sabha's and was not in its possession. The allotment is not regular because no proclamation was issued; no agenda circulated. The process shown on paper is sham. No. list of eligible persons was prepared and allottee is Saini by cost. Also is pot resident of village Bahelpure Hasuwala. Rather he lives in village Mukurpur. He has shifted to the village and is living in the house of his nephew. That a large number or eligible persons are whose claim have not been recognised. The relief to cancel the allotment is prayed for. Affidavits in support of claim-and contention are enclosed.

(2.) On 8-7-1988 allottee Shadi Ram files his objection in opposition. The claim is that he is a landless person and has no residential house in village. It is claimed that he is a freedom fighter and has suffered imprisonment in 1941 for a year and in 1942 for two years. He is recipient of Freedom Fighters persion from State and Central Governments. The land was vacant at the time of allotment. The applicant's son Babu Ram is a member on LMC who has supported the resolution. The land was reserved for extension of abadi and has vested in Gaon Sabha. The agenda was duly circulated and proclamation properly issued. The applicant has no right, title or interest in the land in suit. In civil court proceeding he was not a party. The relief to dismiss the application is prayed for.

(3.) Parties are given chance to lead their evidence. On 11-11-1988 affidavits on behalf of Naqli Ram, Udhal Singh, Nawal Singh, Smt. Kunta Devi are filed. On 7-12-1988 affidavits of Jumudin, Babu Ram are filed in support of applicants case ; the allotment is irregular. On 4-1-1989 affidavits of Hari Chand, Balwant Singh, Allottee Shadi Ram's, Jeemudin, Ishwar Chand, Lakhi Chand, Asha Ram and Bal Chand are lodged in support of allotment. Some oral evidence is recorded. Parties make their representation. On 19-6-1990. Sri Ravindar Tyagi, learned Additional Collector, Haridwar enters an order cancelling the allotment.